Baker v. Wheeler & Martin
New York Supreme Court
This was an action of trover, tried at the Washington circuit, in June, 1831, before the Hon. Esek Cowen, one of the circuit judges. The action was brought to recover damages for the conversion of a quantity of saw logs. The parties in this case were the joint owners of the three lots of land covered with timber, of which they may made a division between themselves, assigning one lot to the plaintiff, and two to the defendants, who were partners in the lumber business.
Read the full summary
This was an action of trover, tried at the Washington circuit, in June, 1831, before the Hon. Esek Cowen, one of the circuit judges. The action was brought to recover damages for the conversion of a quantity of saw logs. The parties in this case were the joint owners of the three lots of land covered with timber, of which they may made a division between themselves, assigning one lot to the plaintiff, and two to the defendants, who were partners in the lumber business. The division lines between the lots not being run, it was agreed between the parties, that if either party encroached upon…
1Opinion of the Court
By the Court, Savage, Ch. J.
The plaintiff shewed sufiicient title to the logs in question; the defendant Wheeler gave him license to cut them on the land of the defendants, who were tenants in common of the land, and partners in the lumbering business. Though the defendants were partners, there is no partnership in real estate, 15 Johns. R. 160; the partners are tenants in common ; but I apprehend that tenants in common in timber land, who are also partners in the lumber business, are partners of the timber when converted into logs. In Martyn v. Knowllys, 8 T. R. 145, it was decided that no…
2Cited by46 opinions
- Wetherbee v. GreenMichigan Supreme Court · 1871
- Halleck v. MixerCalifornia Supreme Court · 1860
- Milltown Lumber Co. v. CarterCourt of Appeals of Georgia · 1908
- Barton Coal Co. v. CoxCourt of Appeals of Maryland · 1873
- Suydam v. Jenkins, SheriffThe Superior Court of New York City · 1850
41 more not listed; retrieve them via the Exa API.